Patent Application
A patent application is a request filed before a patent office in which an applicant applies for a patent for an invention.
As a matter of public policy, the text contained in a patent application is required to sufficiently reveal how an invention works to justify the grant of the patent. A patent application is examined in most jurisdictions.
In most countries, the first to file a patent application for the invention is presumed to be the owner of the rights to the invention. The Untied States follows a first to invent system where an inventor may attempt to win back a patent that was granted to someone else. The date of filing and the content of the first application for an invention largely determine forever the potential validity and value of that patent, and the ability to file for similar patents in other countries.
Preparation before filing the application
An inventor may draft and file his or her own application, but it is often done by an authorized representative (a patent attorney or registered patent agent). A set of inventors meets with an attorney or patent agent who will draft the application, and they discuss the details of the invention and how best to proceed. The drafter may suggest a preliminary search of related inventions or other "prior art" that could limit the scope of the patent claims and thus the value of the patent. A formalized specification and any necessary drawings are made by collaboration. Finally, if required by the type of application, claims are drafted.
The application is then filed (using paper, fax or electronic means), along with various fees and administrative documents and references. Depending upon the mode of filing, and if all necessary parts are received and acceptable, a filing receipt is generated with an application number and sent to the applicant or his representative. The applicant may then mark its invention with the "patent pending" on the invention, if desired. Supplemental documents and fees are often filed later than the original application, but prior to publication or substantive examination of the application (if filed in a jurisdiction requiring examination).
An application must be filed in any country in which patent protection is desired. An international application can reserve the right to file national applications later in designated or elected countries. As a practical matter, it is important to file an initial application before anyone else invents, describes, uses, applies for a patent, or patents the invention anywhere.
There are statutory limitations on the latest date by which an initial application must be filed. Among these is the requirement of strict novelty, which requires filing of an application prior to any public use or disclosure of the invention. In the United States, an inventor has a grace period of one year from the date of public use, disclosure, or sale of the invention to file the first application, although the unprotected use or disclosure may have already destroyed the opportunity for obtaining a patent elsewhere. Some Asian countries have adopted a similar 6-month grace period.
Types of patent applications
There are several different kinds of applications, depending upon what type of new and useful subject matter is disclosed, how the applicant desires to protect the invention, and whether the applicant has other related applications pending. The major types in U.S. practice are the provisional, design, plant and (most of all) "utility" applications. After the initial application is filed, there may be additional applications made for various procedural reasons, including the continuation, continuation-in-part and divisional. Here are the basic differences between the major types:
• Provisional: an inexpensive application requiring full disclosure, but does not require claims to an invention. Expires in 12 months if not supplemented with other filings, usually a Utility application or an international application. No limit to number of provisionals to file. Often used to reserve a date of filing priority for the invention.
• Design: cover new ornamental designs for an "article of manufacture."
• Plant: protects discoveries of distinct asexually produced plants or newly discovered seedlings;
• "Utility" Application: This type of application is the most common and is used for claiming subject matter in the categories of machines, processes and articles of manufacture. Also known as “national” application or “non-provisional” application.
It is quite common for a company to file multiple applications (including different types) for the same product, intending to cover various inventive aspects, such as the appearance, operation, production, and use of a product.
Content of a patent application
Regulations require strict adherence to form when drafting a patent application. Among other requirements, it must be on acceptable paper (correct size, color, shape, texture), have correct page numbering, margins, spacing, and typing in an acceptable font and language. A national application must usually be submitted in the native language, or be accompanied by an accurate translation into an acceptable language.
A "complete" application, for the purpose of receiving a filing date, must include (as a minimum) the required specification, drawing, and at least one claim. An acceptable specification must include a clear and concise description of the invention and how to make and use it. A drawing (which must also be put into a standardized form) should facilitate understanding of the invention or its operation. Finally, at least one claim must clearly identify the inventive elements for which the inventor asserts protection. Claiming practices vary widely from one country to another.
Each section of the specification should have an uppercase heading. The preferred arrangement of the required sections in a specification of a US application is:
the title,
cross references,
government license rights (if any),
background (field of invention and prior state of the art),
a summary of the invention,
description of the drawings,
detailed description of the invention,
claims, and
an abstract of the disclosure.
The specific contents and sequence of sections in design and plant patent applications are rather different. A provisional application should follow a similar format, but is not required to be of any particular form. In fact, some provisional applications are little more than an engineering specification with a cover sheet and power of attorney.
By definition, a patent application discloses intellectual property of the inventors. When an application is published or a patent issued, anything in the application file that derived its value from being a trade secret becomes public knowledge. Similarly, any of the applicant’s unpublished or abandoned applications referenced by a published application or issued patent are also open to the public. The dilemma is that an applicant’s secrets may be revealed, but cannot be protected until and unless a patent is issued.
aplication, applcation, pplication, appliation, appication, applicatio, applictaion, appliction, appliaction
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Provisional application
Provisional rights
Unity of invention
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